can someone garnish you 3000 if you dont show up for court when they are asking only 551 total on court papers

Question

I moved out of my old apartment 1 month before my lease was over. I owed 400 for rent, I got served court papers at work for cival suit on November 3.2006 for November 4, 2006 . I could not get off of work in a days notice, so I asked the police officer that served me what would happen if i did not show up? He said I would have to pay the amount on my court papers, which showed 400 + 151 court cost = 551 total. It was wrote just like that.
Then in Feburary I get my paycheck and 288.00 was took out for garnishment, so i called my HR dept. they said that a court order was sent over for a total of 3100.00 for garnishment. I called the court house to find out what it was for. They told me it was for November the 4th when i was suppose to show up in court and since I did not show up , my old landlord could ask for any amount. I told them that was not true because it had the total wrote out as 551.00 .did not say plus damages.

Answer 1

First mistake was not showing up for court. If you got served on the 3rd for a date of the 4th they didn't comply with the requirements of service. You may still be able to do something regarding that, I'm not sure. As for the amount, yes, if you didn't show up, the judge can order whatever they are asking for. But you should have got a copy of it. Go to the clerks office and ask for a copy of the final judgement. You only had a certain amount of time to appeal but if you never got the final judgement there may be something you can do. Though at this point it sounds like you would have to pay for legal advice and that'll end up being lots more than the 3g's..sucky isn't it? Best to do it yourself but it's some work!!

Answer 2

legaly, your employer cannot take money out of your check without notifying you before hand, and it sounds like a bunch-ocrap that they can sue you for any amount, sounds more like they are claiming "legal fees" which is a shady way of saying "attorney's fees" when in all acutality, an atorney never showed up. what you should have done when you were served, was call the clerks office and explain that you couldnt make it for work reasons and get a new court date. and another piece-o-crap , courts notify you a minimum of 30 days before a court date. not a day. sounds like you wasted a month trying to find an excuse not to go.

if the cop told you that you had top pay the amount on the court papers, then i would file a counter suit and bring that piece of paper with the amounts written on it, and see if you can get a copy of the original complaint filed with the clerk of courts.

Answer 3

I would not let them push me around like that. I would go to the Legal Aid Services and ask them for their opinion. If you do not make much money, they will represent you for free or a small amount and the landlord will have to take what the ticket says.

Answer 4

LESSON WHEN YOU GET SERVED TO APPEAR IN COURT, SHOW UP. NOW YOUR STUCK WITH A BILL AND THE LANDLORD COULD HAVE SAID ANYTHING HE WANTS BECAUSE YOU WERE SERVED AND DISRESPECTED THE COURT. IN TURN THE JUDGE DISRESPECTED YOU.